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S 8851

Relates to prohibitions on the use of certain tropical hardwoods for state contracts

2025 Regular Session Introduced by Jabari Brisport and 19 co-sponsors

New York law bans state purchases of tropical hardwoods and products, require use of non-tropical or secondary materials except for phased exemptions with strict transition plans.

1ST REPORT CAL.1212
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Bill Summary · S 8851

Summary of Bill S. 8851 (New York, 2025-2026)

Purpose and intent

  • This act amends the State Finance Law to prohibit the state, its agencies, political subdivisions, and public benefit corporations from purchasing tropical hardwoods or tropical hardwood products for state contracts, unless the material is used only as a secondary material.
  • The goal is to reduce the use of tropical hardwoods in state-financed projects and encourage sourcing from non-tropical or secondary materials, aligning procurement with conservation and environmental priorities.

Key definitions (Section 1)

  • Tropical hardwood: A broad list of species (identified by scientific names and common names) that grow in tropical forests. The list is extensive and includes many well-known tropical species.
  • Tropical forests: Natural ecosystems within the tropical region meeting geographic and ecological criteria; includes managed or regenerating forests and areas assessed under conservation or high-carbon/forest health methodologies.
  • Tropical hardwood products: Any wood products sold or used in any form (e.g., plywood, veneer, furniture, cabinetry, flooring, doors, etc.) composed in whole or part of tropical hardwood (with limited exceptions).
  • Other terms: Peat, tropical peatlands, and secondary materials (materials recovered from or destined for the waste stream, excluding those produced and reused in an original manufacturing process).

Prohibitions and exceptions (Section 2)

  • General ban: The state and any agency, subdivision, or public benefit corporation shall not purchase tropical hardwoods or tropical hardwood products, unless such materials are secondary materials.
  • Specific exceptions in current law are narrowed; notable categories not exempted include:
    • Pre-existing binding contracts entered before August 25, 1991 (with one set of conditions removed in this version).
    • Situations where no acceptable non-tropical species exist, or where compliance would violate federal grants or contracts, or would cause substantial cost increases (these have been revised and are context-dependent).
  • Public works/contracting: Bids or contracts for public works, building maintenance, or improvements shall not require tropical hardwoods unless they are secondary materials. Bids calling for tropical hardwoods shall be deemed non-responsive unless they are secondary materials.
  • Grandfathering and amendments: Several exemptions from the bid responsiveness rule and pre-1991 contracts remain under certain conditions, including circumstances where compliance would delay projects or conflict with federal grant terms. Some prior exemption language appears modified or removed in places.
  • Land and project ownership: If a project occurs on land owned or managed by the state or a public agency, contractors must be notified of the prohibition and adherence to the secondary-material rule.

Specific transitional and phased exemptions (Subdivisions 2-3)

  • A. Transit-related exemptions:
    • Intek (ekki) wood usage by the Metropolitan Transportation Authority (MTA) is exempt through January 1, 2032, for railroad ties, with an plán to phase out use. Requires an áður transition plan by October 1, 2027, and annual progress reporting starting October 1, 2028. Optional extension until January 1, 2037 if the Budget Director determines significant progress has been made but full phase-out is delayed for technical/safety reasons (limited to extensions and with annual determinations).
  • B. Greenheart exemptions:
    • For ferry services owned/operated by a city with a population of 1 million or more, greenheart wood may be used through January 1, 2035, with a transition plan due by October 1, 2027, and annual progress reporting through January 1, 2035. The Budget Director can allow extensions through December 31 of the following year if progress is made but not complete, up to January 1, 2040, under defined caps.
  • C. Transportation department exemptions (city bridges):
    • For greenheart wood on bridges managed by a city with 1 million+ residents, similar transition planning and reporting requirements apply through January 1, 2035, with potential extensions up to January 1, 2040 under similar conditions.

Effective date and applicability (Section 3)

  • The act takes effect 90 days after it becomes law.
  • It applies to all contracts and binding contractual obligations entered into on or after the effective date.

Practical impact

  • State-level procurement will shift away from tropical hardwoods toward non-tropical or secondary-material options for most new contracts.
  • Agencies must assess and document procurement choices, ensuring compliance with the secondary-material requirement.
  • Transitional exemptions provide carefully scoped carve-outs for specific agencies (e.g., MTA, city ferries, city bridges) and include mandated transition plans and annual progress reporting.
  • List of tropical hardwood species is subject to periodic updates (every three years, starting 2029), to reflect current commercial availability and taxonomy, ensuring the list remains current without removing species except to correct errors.

Who is affected

  • State agencies, departments, political subdivisions, and public benefit corporations contracting with the state.
  • Contractors and bidders on state construction, maintenance, or improvement projects.
  • Agencies with existing use of certain woods (e.g., MTA, large city agencies) may retain specific temporary uses with phase-out plans.
  • Suppliers and manufacturers of tropical hardwood products will be affected by market-access changes on state contracts.

Procedural notes

  • Requires regulations updates by the Department of Environmental Conservation (DEC) in consultation with the Office of General Services (OGS) to maintain the tropical hardwood species list.
  • Public notice, comment opportunities, and public reporting are embedded in the transitional provisions, promoting transparency.

If you’d like, I can provide a side-by-side comparison with current law to highlight all changes, or a plain-language briefing for procurement officers.

Compiled from official sources — confirm details with the bill’s official record.

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